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1970 Ordinances
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1970 Ordinances
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Last modified
8/27/2001 12:50:29 PM
Creation date
6/28/2001 4:57:15 PM
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Ord/Resolutions
Year
1970
Ord/Resolutions - Type
Ordinances
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18-52, the amount charged by the person wit~hdrawing the saw~01e shall be <br />taxed 8z part of the costs' of the crLminal case ~d shall be paid into <br />the general ftuud of the state treasury. <br /> <br /> (i) In any trial for a violation of Section 18-52, this section <br />shall not otherwise 1Lmit the introduction of any relevant evidence bearirg <br />upq. n arg question at issue before the court, and the court shall~ regard- <br />less of the result of the bload test or tests, if any, comzider such other <br />relevant evidence of the condition of the accused, as shall be admissible <br />in evidence. The failure of an accused to per,~dt a sample of his blood to <br />be withdrawn for a chamical test to detel~mine the alcoholic content there- <br />of is not evidence and shall not be subject to comr~ent at the trial of the <br />case, nor shall the fact that a blood test has been offere~ the accused be <br />evidence or the subject of comment. <br /> <br /> 'Ii) The form referred to in paragraph (c) shall contain a brief <br />statement of the law requi~ing the taking of a blood sample and the penalty <br />for refusal, a declarazion of refusal and lines for the signature .of the <br />person from whom the blood sample is sought~ the date and the si~ture of <br />a ~ritness to the s~aing. If such person reDases or fails to execute <br />such declaration, the committing j ~ustice, clerk or assistant clerk shall <br />certify sueD., fact and that the commz~t~ng .justice, clerk or assistant <br />clerk advised the person s_~rested that SUCh re~sal or fail'ure~ if fo ~und <br />to be ur~easonable, constitutes gromnd, s for the revocation of such oerson's <br />license to drive. The co...~_r~tting or issuirg justice, clerk or assistant <br />clerk shall forthwith issue a warrant chargirg the person releasing to take <br />the test to deter~dne the alcoholic content of his blood with violation of <br />this section.- ~ne wak~rant shall be executed in the same m~mner as criminal <br />wgu~ant s. <br /> <br /> (k) The executed declaration of refusal or the ce~ificate of <br />the ccm~itting justice, as the case may be, shall be attached to the <br />r~ut and shall be forwarded by the committf~g justice, clerk or assistant <br />clerk to the course in which the offense of driving ~mnder the ir~f~uence of <br />intoxicsunts shall be tried. <br /> <br /> (1) ~.en the cour~ receives the declaration of refusal or cer- <br />tificate referred to ~ paragraph (k) together with the warrant chargimg <br />the defendant with re_~si~g to sub,it to ~ving a sample of b~s blood <br />te/<en for the detern, dnation of the alcoholic content thereof, the court <br />shall fix a date for the trial of such ws_~t at such vitae s~ the co~t <br />shall designate but subsequent to the defends~t's erimir~l trial for <br />drivLng ~mnder the ~_nfiuence of intoxicants. <br /> <br /> (m) The declsr~ation of refusal or certificate under paragraph <br />(k)~ as the case m~ be, shall be prim.,~ facie evidence that the defends_hr <br />refused to submAt to the taking of a simple of b~is blood to determine the. <br />alcoholic contaut thereof as pro-~_ded hereir~foove. However ~ this shall <br /> <br /> <br />
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